[Ord. 2227, 12-10-2013]
This chapter shall be known as and may be cited as the "Phoenixville
Borough Zoning Ordinance of 2013."
[Ord. 2227, 12-10-2013]
In interpreting and applying the provisions of this chapter,
these provisions shall be held to be the minimum requirements for
the promotion of the public health, safety, comfort, convenience,
and general welfare.
A. Whenever any regulations made under the authority of this chapter
require a greater width or size of yard, courts or other open spaces,
or require a lower height of buildings or a smaller number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
higher standards other than those which are required in or under any
other statute, the provisions of the regulations made under the authority
of this chapter shall govern.
B. Whenever the provisions of any other statute require a greater width
or size of yards, courts or other open spaces, or require a lower
height of buildings or a smaller number of stories, or require a greater
percentage of lot to be left unoccupied, or impose higher standards
other than those which are required by any regulations made under
the authority of this chapter, the provisions of such statute shall
govern.
C. Whenever any regulations pertaining to a specific use or activity
under the authority of this chapter require a greater width or size
of yards, courts or other open spaces, or require a lower height of
buildings or a smaller number of stories, or require a greater percentage
of lot to be left unoccupied, or impose higher standards other than
those which are required for the zoning district or generally required
under this chapter, the greater or higher standards shall govern.
D. This chapter does not repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or implicitly repealed by this chapter,
or any private restriction placed upon property by covenant, deed,
or other private agreement, unless repugnant hereto.
E. Those provisions in the Phoenixville Borough Subdivision and Land Development Ordinance [Chapter
22] concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter.
[Ord. 2227, 12-10-2013]
It is hereby declared to be the intent of the Borough Council
that:
A. If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective, in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B. If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or any
other structure or tract of land to be invalid or ineffective, in
whole or in part, the effect of such a decision shall be limited to
the person, property or situation immediately involved in the controversy;
the application of any such provision to other persons, property or
situations shall not be affected.